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Question
Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.
Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Saroj’s legal right has been violated and she can sue the persons who prevented her from voting
Since Saroj‘s candidate has won the election, her rights are not violated and she cannot sue.
Since Saroj is not the candidate, her rights are not violated if she is prevented from voting.
This principle is not at all applicable in this case.
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Solution
Saroj’s legal right has been violated and she can sue the persons who prevented her from voting
Explanation:
Infringement. The encroachment, breach, or violation of a right, law, regulation, or contract. The term is most frequently used in reference to the invasion of rights secured by Copyright, patent, or trademark. Right endowed upon by law is called legal right. We all have rights and at the same time, we need to ensure that we do not take away or violate someone else's rights. This is our legal duty. When we fail to perform or incorrectly perform our legal duties, we end up violating someone else's rights and in turn commit a tort. Thus in the case presented before us Saroj's right to vote was infringed and whether or not any damage was caused still she has the right to sue the wrongdoer.
Hence "Saroj’s legal right has been violated and she can sue the persons who prevented her from voting" is correct.
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